Thursday

Andrew K. Mitchell fatally shot Donna Castleberry, 23, on Aug. 23 while working undercover as a vice officer in Franklinton.

A Franklin County grand jury indicted former Columbus police vice officer Andrew Mitchell on Thursday in the August shooting death of Donna Castleberry.

Mitchell, 55, testified before the grand jury Thursday in the death of Castleberry, 23, who was shot and killed while Mitchell was working undercover on Aug. 23.

After deliberating, the grand jury decided there was evidence Mitchell had not used force properly.

He is charged with murder and voluntary manslaughter, according to an indictment filed with the Franklin County Common Pleas Court.

Police said at the time of the shooting that Mitchell had been attempting to arrest Castleberry when she stabbed him in the hand and he shot her multiple times.

Mark Collins, Mitchell's defense attorney, said Thursday that Castleberry also had attempted to choke Mitchell with her foot prior to Mitchell firing his weapon.

An autopsy report revealed Castleberry had been shot in the chest, abdomen and left leg. She also had cocaine and fentanyl in her system at the time of her death.

Collins said he thinks Mitchell was acting in self-defense and that Ohio law now requires the state to prove that was not the case.

"The indictment is based on probable cause, which is a long, long way from beyond a reasonable doubt," Collins said.

Franklin County Prosecutor Ron O'Brien said after the indictment filing that the grand jury believed, based on the evidence presented, that Mitchell was not justified in continuing to fire because the threat against him had ceased.

Castleberry did not believe Mitchell was an officer trying to arrest her, O'Brien said, which prompted her to "cut him" on the hand. Mitchell was in plain clothes and in an unmarked police car at the time of the shooting.

O'Brien said Mitchell had an audio recording on his cellphone of the encounter with Castleberry, as was standard procedure for undercover vice officers to that they would have evidence when cases go to trial.

The audio recording was sent to the FBI, O'Brien said, and then synced by a technical team at the Ohio attorney general's office with surveillance footage from the exterior of the apartment complex where the shooting took place.

O'Brien said the video and audio showed the shots were fired while both Mitchell and Castleberry were in the car.

The Ohio Bureau of Criminal Investigation did a supplemental investigation to the one conducted by Columbus police's critical incident response team, which investigates all the division's officer-involved shootings. That supplemental investigation was done at the request of Columbus police Deputy Chief Tim Becker and the prosecutor's office.

In a prepared statement, Interim Police Chief Tom Quinlan said: “I respect the Franklin County grand jury decision to indict former officer Mitchell ... Andrew Mitchell’s actions have cast a long shadow over the Columbus Division of Police. I am taking concrete actions to restore the public’s trust. ... The vice section has been disbanded. We will continue internal reviews to make sure that the Columbus Division of Police embodies our mission for the people of Columbus.”

Mitchell was relieved of duty about a month after the shooting as part of an ongoing FBI investigation into the now-disbanded vice unit. He filed for retirement on March 13, two days after he was arrested on federal charges.

He is facing seven federal counts accusing him of forcing two women to engage in sexual activity in exchange for their freedom after he arrested them. He is also accused of attempting to tamper with witnesses and lying to FBI investigators.

The federal case is separate from the local case. Mitchell remains behind bars, having been ordered to remain in custody on the federal case.

He has denied the federal allegations against him.

Local prosecutors have asked that Mitchell remain in the Franklin County jail until he can appear for an arraignment on the indictment. The federal and local cases will proceed simultaneously.

Following Thursday's indictment, Castleberry's sister, TiffinyDalton, 27, said she was happy Mitchell would face a trial, but that it wouldn't bring her sister back.

"My sister would have rather gotten locked up than killed," she said.

Castleberry's family said they have been told Mitchell fired six shots during the encounter with Castleberry.

Keith Ferrell, president of Fraternal Order of Police Capital City Lodge No. 9, said Mitchell faced the same process every other citizen does when accused of potential wrongdoing.

"The grand jury is made up of people who live in the community making this decision," he said. "We respect that process, and he remains innocent until proven guilty."

Mayor Andrew J. Ginther said in a statement that he has faith in the prosecution of Mitchell.

"(The county grand jury's) indictment, as well as the federal indictments announced last month, send a clear message that we will not tolerate the abuse of power or victimization of residents by anyone in law enforcement," Ginther said. "Prosecuting Andrew Mitchell is essential both to protect our community and to support the many honorable officers whose reputations he has unfairly tarnished."

Dispatch Reporter Dean Narciso contributed to this story.

bbruner@dispatch.com

@bethany_bruner

Never miss a story

Choose the plan that's right for you.
Digital access or digital and print delivery.